Case 1: At least 50 employees, including
Case 1: At least 50 employees, including nurses, at Northwestern Memorial Hospital in Chicago, have been fired after allegedly improperly reviewing an actor’s medical records, according to NBC Chicago. https://www.nbcchicago.com/news/national-international/northwestern-memorial-hospital-employees-fired-jussie-smsollett-records/2383/ The employees were immediately fired for inappropriately viewing or accessing the records of actor Jussie Smollett. Smollett was treated at the hospital in late January. A surgical nurse, identified as Susan, stated to NBC Chicago that she was simply curious and only searched the actor’s name in the system. Another unidentified employee states she did a partial search of Smollett’s name for another employee, according to CBS Chicago. Both were fired for violating HIPAA. In today’s world, where everyone and everything is accessible with just a click or on social media, it is crucial for nurses to understand all aspects of HIPAA. The Health Insurance Portability and Accountability Act (HIPAA), defines how nurses should collect, use, and handle protected health information (PHI). Case 2: Physical therapy provider settles violations that it impermissibly disclosed patient information Complete P.T., Pool & Land Physical Therapy, Inc. has agreed to settle violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules with the U.S. Department of Health and Human Services Office for Civil Rights (OCR). Complete P.T. is a physical therapy practice located in the Los Angeles area. The settlement agreement is an admission of civil liability by Complete P.T., requiring payment of $25,000, adoption and implementation of a corrective action plan, and annual reporting of compliance efforts for a one year period. On August 8, 2012, OCR received a complaint alleging that Complete P.T. had impermissibly disclosed numerous individuals’ protected health information (PHI), when it posted patient testimonials, including full names and full face photographic images, to its website without obtaining valid, HIPAA-compliant authorizations. OCR’s investigation revealed that Complete P.T.: Failed to reasonably safeguard PHI; Impermissibly disclosed PHI without an authorization; and Failed to implement policies and procedures with respect to PHI that were designed to comply with HIPAA’s requirements with regard to authorization. “The HIPAA Privacy Rule gives individuals important controls over whether and how their protected health information is used and disclosed for marketing purposes. With limited exceptions, the Rule requires an individual’s written authorization before a use or disclosure of his or her protected health information can be made for marketing.” said OCR Director Jocelyn Samuels. “All covered entities, including physical therapy providers, must ensure that they have adequate policies and procedures to obtain an individual’s authorization for such purposes, including for posting on a website and/or social media pages, and a valid authorization form.” Read the two cases then analyze these questions What is HIPAA? What happened in both cases? Explain Why are cases similar? Explain What should have been done to prevent this breach? What can be done in the future to prevent this? Discuss what the penalty was and what was done to make sure it won’t occur again. SCIENCE HEALTH
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